May 12, 2003

Special Registration Safety Net

As previously reported, The National Security Entry Exit Registration System (NSEERS) is a program which requires the fingerprinting and photographing of certain aliens at U.S. ports of entry and also requires these aliens to inform the immigration service when departing the U.S. Failure to register with the immigration service upon departure can result in ineligibility for future entries. However, as set forth in the State Department cable of May 9, 2003, aliens who can show good cause for failure to comply with NSEERS in past departures can overcome ineligibility. Reasons for non-compliance that could constitute good cause can include credible claims that the applicant was given confusing or wrong instructions, or had an emergent need to travel. The cable addresses the specific circumstances in which an NSEERS special registrant failed to exit the U.S. through departure control was eligible for a visa and admission to the United States. The cable further indicates that applicants must be able to demonstrate that they will comply with the requirements in the future. Note that more than one NSEERS violation would indicate that the alien will continue to violate NSEERS regulations and would likely result in ineligibility.

For further information on this topic, please refer to the attached PDF format of the State Department cable.

  State Department Cable (PDF/18 kb, 3 pages)

If you are unsure about the registration requirements, please refer to our website for additional information:
http://www.gtlaw.com/practices/immigration/dyk/register.htm